BELIZE

FREEDOM OF INFORMATION ACT

CHAPTER 13

REVISED EDITION 2011

SHOWING THE SUBSTANTIVE LAWS AS AT 31ST
DECEMBER, 2011

This is a revised edition of the Substantive Laws, prepared by the Law Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the
Substantive Laws of Belize, Revised Edition 2011.

This edition contains a consolidation of amendments made to the Law by Act No. 7
of 2008.
 Freedom of Information [CAP. 13 3
CHAPTER 13
FREEDOM OF INFORMATION
ARRANGEMENT OF SECTIONS

PART I

Preliminary

1. Short title.
2. Commencement.
3. Interpretation.
4. Act not to apply to courts and registries.
5. Office of the Governor-General not to be deemed
to be a Department.

PART II

Publication of Certain Documents and Information

6. Publication of information concerning documents.

7. Certain documents to be available for inspection and purchase.
8. Unpublished documents not to prejudice public.

PART III

Access to Documents

9. Right of access.
10. Procedure for obtaining access to certain documents.
11. Access to documents apart from this Act.
12. Requests for access.
13. Transfer of requests.
14. Requests involving use of computers, etc.

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15. Access to documents to be given on request.
16. Time within which formal requests to be decided.
17. Forms of access.
18. Deferment of access.
19. Deletion of exempt matter.
20. Decision to be made by authorized persons.
21. Reasons and other particulars of decisions to be given.
21A. Secrecy provisions in public contracts prohibited
and invalidated.
21B. Punishment for refusal or neglect to provide access.

PART IV

Exempt Documents

22. Documents affecting national security, defence and international

relations.
23. Cabinet documents.
24. Documents affecting enforcement and administration of the
law.
25. Documents to which secrecy provisions of enactments apply.
26. Repealed.
27. Repealed.
28. Documents affecting legal proceedings or subject
to legal professional privilege.
29. Repealed.
30. Documents affecting national economy.
31. Repealed.
32. Documents the disclosure of which would be
contempt of National Assembly or contempt
of court.
33. State privilege in judicial proceedings not affected.
34. Duty of authorities to act in good faith.

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PART V

Review of Decisions

35. Applications to Ombudsman.

36. Internal review.
37. Time for application to Ombudsman.
38. Burden of proof.
39. Power of Ombudsman to make orders.
40. Production of exempt documents.
41. Evidence of certificates.
42. Power of Ombudsman in relation to witnesses, etc.
43. Appeals against Ombudsman’s decisions.

PART VI

Miscellaneous

44. Protection against actions for defamation or breach

of confidence.
45. Protection in respect of offences.
46. Reports to National Assembly.
47. Regulations.

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CHAPTER 13

FREEDOM OF INFORMATION
9 of 1994.
7 of 2008. [5th May, 1994]
S. I. 57 of 1994.

PART I

Preliminary

Short title. 1. This Act may be cited as the Freedom of Information Act.

Commencement. 2. This Act comes into force on 5th May 1994.

Interpretation. 3.−(1) In this Act, unless the context otherwise requires,

“applicant” means a person who has made a request;

“ Department” means a Department of the Government of Belize;

“document” includes public contracts, grants or leases of land, or any

written or printed matter, any map, plan or photograph, and any article
or thing that has been so treated in relation to any sounds or visual images
that those sounds or visual images are capable, with or without the aid
of some other device, of being reproduced from the article or thing,
and includes a copy of any such matter, map, plan, photograph, article
or thing, but does not include library material maintained for reference
purposes;

“enactment” means an Act or an instrument (including rules, regulations

or by-laws) made under an Act;

“exempt document” means a document which, by virtue of a provision

of Part IV, is an exempt document;

“exempt matter” means matter the inclusion of which in a document

causes the document to be an exempt document;

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“Minister” or “Minister administering this Act” means the Minister
who has been assigned responsibility under the Constitution, Cap. 4 for
information;

“Ministry” means a Ministry of the Government and includes a Minister,

Minister of State and officers and servants of that Ministry;

“Ombudsman” means the Ombudsman established under the Ombudsman

Act, Cap. 4;

“prescribed authority” means,

(a) a local authority (a city council, town council or a

village council);

(b) a public statutory corporation or body; or

(c) a body corporate or an unincorporated body,

established for a public Purpose, which may be
prescribed by the Minister by Order published in the
Gazette;

“principal officer” means,

(a) in relation to a Ministry, the Permanent Secretary of that

Ministry;

(b) in relation to a Department, the Head of that Department;

and

(c) in relation to a prescribed authority, the chief executive

officer, general manager or other similar officer of that
authority;

“regulations” means regulations made under this Act;

“record” shall have the same meaning as assigned to the term “document”;

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“request” means a request for access to a document or record made in
accordance with this Act;

“responsible Minister” means,

(a) in relation to a Ministry - the Minister who has been

assigned responsibility under the Constitution, Cap. 4
for that Ministry; or

(b) in relation to a prescribed authority - the Minister

who has been assigned responsibility under the
Constitution, Cap. 4 for the subject-matter of that
authority.

(2) References in this Act to a Ministry shall include a reference to a

Department of Government.

Act not to apply 4. For the purposes of this Act,

to courts and reg-
istries.
(a) a court, or the holder of a judicial office or other
office pertaining to a court, in his capacity as the
holder of that office, is not to be taken to be included
in a Department;

(b) a registry or other office of a court, and the staff of

such a registry or other office in their capacity as
members of that staff, shall not be taken to be part of
a Department.

Office of the Gov- 5. The Office of the Governor-General shall not be deemed to be a
ernor-General not
to be deemed to be
Department of Government for the purposes of this Act.
a department.

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PART II

Publication of Certain Documents

and Information

6.—(1) The responsible Minister or principal officer of a Ministry or Publication of in-

formation concern-
prescribed authority shall, ing documents.

(a) cause to be published, as soon as practicable after

the commencement of this Act but not later than
12 months after that commencement, in a form
approved by the Minister administering this Act,

(i) a statement setting out particulars of the

organization and functions of the Ministry
or prescribed authority, as the case may be,
indicating as far as practicable, the decision-
making powers and other powers affecting
members of the public that are involved
in those functions, and particulars of any
arrangement that exists for consultation with or
representations by, bodies and persons outside
the Government administration in relation to the
formulation of policy in, or the administration
of, the Ministry or prescribed authority; and

(ii) a statement of the categories of documents

that are maintained in the possession of
such Ministry, or prescribed authority; and

(b) within 12 months after the publication of the statement

under subparagraph (i) or (ii) of paragraph (a), that is
the first statement published under that subparagraph,
and thereafter at intervals of not more than 12 months,
cause to be published statements bringing up to date
the information contained in the previous statement
or statements published under that subparagraph.

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(2) A form approved by the Minister under subsection (1) of this
section, shall be such as he considers appropriate for the purpose of
assisting members of the public to exercise effectively their rights under
Part III of this Act.

(3) The information to be published in accordance with this section

may be published in the Gazette.

(4) Nothing in this section requires the publication of information

that is of such a nature that its inclusion in a document would cause
that document to be an exempt document.

(5) Subsection (1) of this section, applies in relation to a Ministry or

prescribed authority that comes into existence after the commencement
of this Act as if the references in that subsection to the commencement of
this Act were references to the day on which the Ministry or prescribed
authority comes into existence.

Certain documents 7.—(1) This section applies to documents that are provided by the
to be available
for inspection and
Ministry or prescribed authority for the use of, or are used by the
purchase. Ministry or prescribed authority or its officers in making decisions or
recommendations, under or for the purposes of an enactment or scheme
administered by the Ministry or prescribed authority, with respect to
rights, privileges or benefits, or to obligations, penalties or other
detriments, to or for which persons are or may be entitled or subject, being,

(a) manuals or other documents containing interpretations,

rules, guidelines, practices or precedents; or

(b) documents containing particulars of such a scheme,

not being particulars contained in an enactment or
published under this Act, but not including documents
that are available to the public as published otherwise
than by a Ministry or prescribed authority.

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(2) The principal officer shall,

(a) cause copies of all documents to which this section

applies that are in use from time to time to be made
available for inspection and for purchase by members
of the public;

(b) not later than 12 months after the commencement of this

Act, cause to be published in the Gazette, a statement
(which may take the form of an index) specifying
the documents of which copies are, at the time of
preparation of the statement, so available and the place
or places where copies may be inspected and may be
purchased; and

(c) within 12 months after the publication of the statement

under paragraph (b) and thereafter at intervals of not
more than 12 months, cause to be published in the
Gazette, statements bringing up to date information
contained in the previous statement or statements.

(3) The principal officer is not required to comply fully with paragraph
(2) (a) before the expiration of 12 months after the commencement of
this Act, but shall, before that time, comply with that paragraph so far
as is practicable.

(4) This section does not require a document of the kind referred
to in subsection (1) of this section containing exempt matter to be
made available in accordance with subsection (2) of this section, but,
if such a document is not so made available, the principal officer shall,
if practicable, cause to be prepared a corresponding document, altered
only to the extent necessary to exclude the exempt matter, and cause the
document so prepared to be dealt with in accordance with subsection (2)
of this section.

(5) Subsections (2) and (3) of this section, apply in relation to a Ministry
or prescribed authority that comes into existence after the commencement
of this Act as if the references in those subsections to the commencement
of this Act were references to the day on which the Ministry or prescribed
authority comes into existence.

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Unpublished docu- 8. If a document required to be made available in accordance with section
ments not to preju-
dice public.
7, of this Act, being a document containing a rule, guideline or practice
relating to a function of a Ministry or prescribed authority, was not made
available and included in a statement in the Gazette, as referred to in that
section, a member of the public who was not aware of that rule, guideline
or practice shall not be subjected to any prejudice by reason only of the
application of that rule, guideline or practice in relation to the thing
done or omitted to be done by him if he could lawfully have avoided
that prejudice had he been aware of that rule, guideline or practice.

PART III

Access to Documents

Right to access. 9. Subject to this Act, every person shall have a right to obtain access
in accordance with this Act to a document of a Ministry or prescribed
authority, other than an exempt document.

Procedure for ob- 10. Where,

taining access to
certain documents.
(a) a document is open to public access, as part of a
public register or otherwise, in accordance with
another enactment; or

(b) a document is available for purchase by the public

in accordance with arrangements made by a Ministry
or prescribed authority,

the access to that document shall be obtained in accordance with that

enactment or arrangement, as the case may be.

Access to docu- 11. Nothing in this Act is intended to prevent or discourage Ministries
ments apart from
this Act.
and prescribed authorities from publishing or giving access to documents
(including exempt documents), otherwise than as required by this Act,
where they can properly do so or are required by law to do so.

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12.—(1) A person who wishes to obtain access to a document of a Request for access.
Ministry or requests prescribed authority shall make a request in writing
to the Ministry or prescribed authority for access to the document.

(2) Subject to subsection (3) of this section, a request shall provide

such information concerning the document as is reasonably necessary to
enable a responsible officer of the Ministry or prescribed authority, as
the case may be, to identify the document.

(3) Where a request is expressed to relate to all documents, or to all

documents of a specified class, that contain information of a specified
kind or relate to a specified subject-matter, compliance with the request
may be refused if it would interfere unreasonably with the operations of
the Ministry or prescribed authority, having regard to any difficulty that
would exist in identifying, locating or collating documents containing
relevant information within the filing system of the Ministry or prescribed
authority.

(4) It is the duty of a Ministry or prescribed authority, where

practicable, to assist a person who wishes to make a request, or has made
a request that does not comply with this section or has not been directed
to the appropriate Ministry or prescribed authority, to make a request
in a manner that complies with this section or to direct a request to the
appropriate Ministry or specified authority.

(5) Where a request in writing is made to a Ministry or prescribed

authority for access to a document, the Ministry or prescribed authority,
as the case may be, shall not refuse to comply with the request on the
ground,

(a) that the request does not comply with subsection (2)
of this section; or

(b) that, in the case of a request of the kind referred to

in subsection (3) of this section, compliance with
the request would interfere unreasonably with the
operations of the Ministry or prescribed authority, as
the case may be,

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without first giving the applicant a reasonable opportunity of consultation
with the Ministry or prescribed authority with a view to the making of
a request in a form that would remove the ground for refusal.

Transfer of re- 13.—(1) Where,

quests.

(a) a request is made to a Ministry or prescribed authority

for access to a document; and

(b) the document is not in the possession of that Ministry

or prescribed authority but is in the possession of
another Ministry or prescribed authority or the
subject-matter of the document is more closely
connected with the functions of another Ministry or
prescribed authority than with those of the Ministry
or prescribed authority to which the request is made,

the Ministry or prescribed authority to which the request is made may

transfer the request to the other Ministry or prescribed authority and inform
the person making the request accordingly and, if it is necessary to do so in
order to enable the other Ministry or prescribed authority to deal with the
request, send the document to the other Ministry or prescribed authority.

(2) Where a request is transferred to a Ministry or prescribed authority

in accordance with this section, it shall be deemed to be a request made
to that Ministry or prescribed authority and received at the time at which
it was originally received.

Requests involving 14.—(1) Where,

use of computers,
etc.
(a) a request (including a request of the kind described in
section 12 (3) of this Act, is duly made to a Ministry
or prescribed authority;

(b) it appears from the request that the desire of the

applicant is for information that is not available
in discrete form in documents of the Ministry or
prescribed authority; and

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(c) the Ministry or prescribed authority could produce
a written document containing the information in
discrete form by,

(i) the use of a computer or other equipment

that is ordinarily available to the Ministry or
prescribed authority for retrieving or collating
stored information; or

(ii) the making of a transcript from a sound recording

held in the Ministry or prescribed authority,

the Ministry or prescribed authority shall deal with the request as if

it were a request for access to a written document so produced and
containing that information and, for that purpose, this Act applies as if the
Ministry or prescribed authority had such a document in its possession.

(2) A Ministry or prescribed authority is not required to comply

with subsection (1) of this section, if compliance would interfere
unreasonably with the operations of the Ministry or prescribed authority.

15.—(1) Where a request for access to a document is duly made, and payment Access to documents
to be given on re-
is made of any charge that is required to be paid before access is granted, quest.
access to the document shall be given in accordance with this Act.

(2) The expression “duly made” occurring in subsection (1) of this

section, means that the request shall be in writing.

16. If a request to a Ministry or prescribed authority, Time within which

formal requests to
be decided.
(a) is made in writing and is expressed to be in pursuance
of this Act; and

(b) is sent by post to the Ministry or prescribed authority,

or delivered to an officer of the Ministry or prescribed
authority, at an address of the Ministry or prescribed
authority, as the case may be, to which requests made
in pursuance of this Act may be sent or delivered in
accordance with this section,

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the Ministry or prescribed authority shall take all reasonable steps to enable
the applicant to be notified of a decision on the request as soon as practicable
but in any case not later than two weeks after the day on which the request
is received by or on behalf of the Ministry or prescribed authority.

Forms of access. 17.—(1) Access to a document may be given to a person in one or more
of the following forms,

(a) a reasonable opportunity to inspect the document;

(b) provision by the Ministry or prescribed authority of a

copy of the document;

(c) in the case of a document that is an article or thing

from which sounds or visual images are capable of
being reproduced, the making of arrangements for the
person to hear or view those sounds or visual images;

(d) in the case of a document by which words are

recorded in a manner in which they are capable of
being reproduced in the form of sound or in which
words are contained in the form of shorthand writing
or in codified form, provision by the Ministry or
prescribed authority of a written transcript of the
words recorded or contained in the document.

(2) Subject to subsection (3) of this section and to section 19 of this

Act, where the applicant has requested access in a particular form,
access shall be given in that form.

(3) If the form of access requested by the applicant,

(a) would interfere unreasonably with the operations of

the Ministry or prescribed authority;

(b) would be detrimental to the preservation of the

document or, having regard to the physical nature of the
document, would not be appropriate; or

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(c) would involve an infringement of copyright (other
than copyright owned by the Government) subsisting
in the document,

access in that form may be refused and access given in another form.

18.—(1) A Ministry or prescribed authority which receives a request Deferment of ac-

cess.
may defer the provision of access to the document concerned until the
happening of a particular event (including the taking of some action
required by law or some administrative action), or until the expiration of
a specified time, where it is reasonable to do so in the public interest or
having regard to normal and proper administrative practices.

(2) Where the provision of access to a document is deferred in accordance

with subsection (1) of this section, the Ministry or prescribed authority
shall, in informing the applicant of the reasons for the decision, indicate,
as far as practicable, the period for which the deferment will operate.

19.―(1) Where, Deletion of ex-

empt matter.

(a) a decision is made not to grant a request for access to a

document on the ground that it is an exempt document;

(b) it is practicable for the Ministry or prescribed

authority to grant access to a copy of the document
with such deletions as to make the copy not an exempt
document; and

(c) it appears from the request, or the applicant

subsequently indicates, that the applicant would wish
to have access to such a copy,

the Ministry or prescribed authority shall grant access to such a copy

of the document.

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(2) Where access is granted to a copy of a document in accordance
with subsection (1) of this section,

(a) the applicant shall be informed that it is such a copy

and also be informed of the provisions of this Act by
virtue of which any matter deleted is exempt matter;
and

(b) section 21 of this Act, does not apply to the decision

that the applicant is not entitled to access to the whole
of the document unless the applicant requests the
Ministry or prescribed authority to furnish him with a
notice in writing in accordance with that section.

Decision to be made 20. A decision in respect of a request made to a Ministry or prescribed

by authorized per-
sons.
authority may be made, on behalf of the Ministry or prescribed authority,
by the responsible Minister or the principal officer of the Ministry or
prescribed authority or, subject to the regulations, by an officer of the
Ministry or prescribed authority acting within the scope of authority
exercisable by him in accordance with the arrangements approved by the
responsible Minister or the principal officer of the Ministry or prescribed
authority.

Reasons and other 21.—(1) Where, in relation to a request for access to a document of a
particulars of deci-
sions to be given.
Ministry or prescribed authority, a decision is made under this Part that
the applicant is not entitled to access to the document in accordance
with the request or that provision of access to the document be
deferred, the Ministry or prescribed authority shall cause the applicant
to be given notice in writing of the decision, and the notice shall,

(a) state the findings on any material questions of fact,

referring to the material on which those findings
were based, and the reasons for the decision;

(b) where the decision relates to a document of any

Ministry or prescribed authority, state the name and
designation of the person giving the decision; and

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(c) inform the applicant of his right to apply for a
review of the decision.

(2) A Ministry or prescribed authority is not required to include in a notice

under subsection (1) any matter that is of such a nature that its inclusion
in a document would cause that document to be an exempt document.

21A. —(1) No public contract or other public document shall contain a Secrecy provision
in public contracts
provision to the effect that the contract thereof shall be kept confidential. prohibited and in-
validated.
(2) Every secrecy provision in a public contract or other public 7 of 2008.
document, whether such public document or other public document exists
at the 31st day of December, 2008 or is executed in the future, which
prohibits or restricts its disclosure to the public, shall be wholly void and
of no effect, and the public contract or document in question shall be read
and construed for all purposes as if such a secrecy provision did not exist.

21B. Every principal officer of a Ministry, Department or prescribed Punishment for re-
fusal or neglect to
authority who refuses or neglects without cause to provide access to public provide access.
documents in accordance with the provisions of the Act, is guilty of an 7 of 2008.
offence against discipline and shall be liable to a fine not exceeding one
thousand dollars by the authority responsible for exercising disciplinary
control over such officer, or such other penalty, including dismissal, as the
said authority may consider appropriate in all the circumstances of the case.

PART IV

Exempt Documents

22.―(1) A document is an exempt document if disclosure of the Documents affect-

ing national securi-
document under this Act would be contrary to the public interest for ty, defence, and in-
the reason that the disclosure, ternational relations.

(a) would prejudice the security, defence or international

relations of Belize; or

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(b) would divulge any information or matter
communicated in confidence by or on behalf of the
Government of another country to the Government
of Belize.

(2) Where a Minister is satisfied that the disclosure under this Act
of a document would be contrary to the public interest for a reason
referred to in subsection (1) of this section, he may sign a certificate
to that effect and such a certificate, so long as it remains in force, shall
establish conclusively that the document is an exempt document referred
to in subsection (1) of this section.

(3) Where a Minister is satisfied as mentioned in subsection (2) of

this section, by reason only of the matter contained in a particular part or
particular parts of a document, a certificate under that subsection in respect
of the document shall identify that part or those parts of the document as
containing the matter by reason of which the certificate is given.

(4) The responsible Minister may delegate his powers under this
section to the principal officer of the Ministry or the prescribed authority,
as the case may be.

Cabinet documents. 23.―(1) A document is an exempt document if it is,

(a) a document that has been submitted to the Cabinet for

its consideration or is proposed to be submitted;

(b) an official record of the Cabinet;

(c) a document that is a copy of, or of a part of, a

document referred to in paragraph (a) or (b); or

(d) a document the disclosure of which would involve

disclosure, of any deliberation or advice of the
Cabinet, other than a document by which a decision
of the Cabinet was officially published.

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(2) For the purposes of this Act, a certificate signed by the Secretary to
the Cabinet or a person performing the duties of the Secretary, certifying
that a document is one of a kind referred to in a paragraph of subsection
(1), of this section, establishes conclusively that it is an exempt document
of that kind.

(3) Where a document is a document referred to in paragraph (1)

(d) by reason only of matter contained in a particular part or particular
parts of the document, a certificate under subsection (2) of this section
in respect of the document shall identify that part or those parts of the
document as containing the matter by reason of which the certificate is
given.

(4) A reference in this section to the Cabinet shall be read as

including a reference to a committee of the Cabinet.

24. A document is an exempt document if its disclosure under this Documents affecting
enforcement and ad-
Act would, or would be reasonably likely to, ministration of the law.

(a) prejudice the investigation of a breach or possible

breach of the law or the enforcement or proper
administration of the law in a particular instance;

(b) prejudice the fair trial of a person or the impartial

adjudication of a particular case;

(c) disclose, or enable a person to ascertain the identity

of a confidential source of information in relation to
the enforcement or administration of the law;

(d) disclose methods or procedures for preventing,

detecting, investigating, or dealing with matters arising
out of breaches or evasions of the law, the disclosure of
which would, or would be reasonably likely to, prejudice
the effectiveness of those methods or procedures; or

(e) endanger the lives or physical safety of persons

engaged in or in connection with law enforcement.

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Documents to which 25. A document is an exempt document if it is a document to which
secrecy provisions of
enactments apply.
a prescribed provision of an enactment, being a provision prohibiting
or restricting disclosure of the document or of information or other
matter contained in the document, applies.

7 of 2008. 26. Repealed.

7 of 2008. 27. Repealed.

Documents affecting 28.―(1) A document is an exempt document if its disclosure under

legal proceedings or
subject to legal pro-
this Act would be reasonably likely to have a substantial adverse
fessional privilege. effect on the interests of the Government of Belize or of a prescribed
authority in or in relation to pending or likely legal proceedings.

(2) A document is an exempt document if it is of such a nature that it

would be privileged from production in legal proceedings on the ground
of legal professional privilege.

(3) A document of the kind referred to in section 7 (1) of this Act,

is not an exempt document by virtue of subsection (2) of this section by
reason only of the inclusion in the document of matter that is used or to
be used for the purpose of the making of decisions or recommendations
referred to in section 7 (1) of this Act.

7 of 2008. 29. Repealed.

Documents affect- 30. A document is an exempt document if its disclosure under this Act
ing national econ-
omy.
would be contrary to the public interest by reason that it would be reasonably
likely to have a substantial adverse effect on the national economy.

7 of 2008. 31. Repealed.

Documents the disclo- 32. A document is an exempt document if public disclosure of the
sure of which would
be contempt of Na- document would, apart from this Act and any immunity of the State,
tional Assembly or
contempt of court.
(a) be in contempt of court;

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(b) be contrary to an order made or direction given by a
commission or by a tribunal or other person or body
having power to take evidence on oath; or

(c) infringe the privileges of the National Assembly.

33. Nothing in this Act shall affect any rule of law which authorises State privileges in
judicial proceedings
the withholding of any document by the State in or in relation to a not affected.
judicial proceeding on the ground that the publication or disclosure of
the document would be injurious to the public interest.

34. In considering whether or not to claim exemption under this Part, Duty of authorities
to act in good faith.
the principal officer of a Ministry or prescribed authority shall act in
good faith and use his best endeavours to achieve the object of this Act to
afford to members of the public maximum access to official documents
consistent with public interest.

PART V

Review of Decisions

35.―(1) Application may be made to the Ombudsman for review of a Applications to

Ombudsman.
decision refusing to grant access to a document in accordance with a
request or deferring the provision of access to a document.

(2) Subject to subsection (3) of this section, in proceedings under

this Part, the Ombudsman has power, in addition to any other power,
to review any decision that has been made by a Ministry or prescribed
authority in respect of the request and to decide any matter in relation to
the request that, under this Act, could have been or could be decided by
a Ministry or prescribed authority, and any decision of the Ombudsman
under this section has the same effect as a decision of the Ministry or
prescribed authority.

(3) Where, in proceedings under this section, it is established that a

document is an exempt document, the Ombudsman does not have power
to decide that access to the document, so far as it contains exempt matter,
is to be granted.

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(4) Where, under a provision of Part IV, it is provided that a certificate
of a specified kind establishes conclusively, for the purposes of this Act,
that a document is an exempt document and such a certificate has been
given in respect of a document, the powers of the Ombudsman do not
extend to reviewing the decision to give the certificate or the existence of
proper grounds for the giving of the certificate.

(5) The powers of the Ombudsman under this section extend to

matters relating to fees and charges payable under this Act in relation to
a request.
Internal review. 36.―(1) Where a decision has been made, in relation to a request to
a Ministry or prescribed authority, otherwise than by the responsible
Minister or principal officer (not being a decision on a review under this
section), the applicant may, within 28 days after the day on which notice
of the decision was given to the applicant in accordance with section
21 of this Act, apply to the responsible Minister or principal officer
concerned for a review of the decision in accordance with this section.

(2) A person is not entitled to apply to the Ombudsman for a review

of a decision in relation to which subsection (1) of this section, applies
unless,

(a) he has made an application under that subsection in

relation to the decision; and

(b) he has been informed of the result of the review or a

period of 14 days has elapsed since the day on which
he made that application.

(3) Where an application for a review of a decision is made to the

responsible Minister or the principal officer in accordance with subsection
(1) of this section, he shall forthwith arrange for himself or a person (not
being the person who made the decision) authorized by him to conduct
such reviews to review the decision and to make a fresh decision on the
original application.

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37.―(1) Where, Time for applica-
tion to Ombuds-
man.
(a) an application for review of a decision has been made
in accordance with section 36 of this Act; and

(b) the application for review is refused or the applicant

has not been informed of the result of the review
within 14 days after the day on which he made that
application,

the applicant may apply to the Ombudsman for review of the decision
refusing to grant access to a document, within 21 days of the date on
which he is notified of the decision refusing the review or within 21 days
after the expiry of the period of 14 days mentioned in subsection (1) (b)
of this section.

(2) Where,

(a) a request has been made to a Ministry or prescribed

authority in accordance with section 16 of this Act;

(b) a period of 14 days has elapsed since the day on

which the request was received by or on behalf of
the Ministry or prescribed authority; and

(c) notice of a decision on the request has not been

received by the applicant,

the principal officer shall, for the purpose of enabling an application to be

made to the Ombudsman under section 35 of this Act, be deemed to have
made on the last day of that period, a decision refusing to grant access to
the document, and the applicant may apply to the Ombudsman to grant
access to the document in question within 21 days of the expiry of the
said period of 14 days.

(3) Before dealing further with an application made by virtue of this

section, the Ombudsman may, on the application of the Ministry or
prescribed authority concerned, allow further time to the Ministry or
prescribed authority to deal with the request.

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(4) Notwithstanding the period of limitation mentioned in this
section, the Ombudsman may, in his discretion, grant further time to
the applicant if he is of the opinion that there has been no unreasonable
delay in making the application.

Burden of proof. 38. In proceedings under this Part, the Ministry or prescribed authority
to which or to whom the request was made has the onus of establishing
that a decision given in respect of the request was justified or that the
Ombudsman should give a decision adverse to the applicant.

Powers of Om- 39. In proceedings under this Part, the Ombudsman shall make such order
budsman to make as he thinks necessary having regard to the nature of the proceedings and,
orders.
in particular, to the necessity of avoiding the disclosure to the applicant
of exempt matter.

Production of ex- 40.—(1) Where there are proceedings before the Ombudsman under this
empt documents.
Act in relation to a document that is claimed to be an exempt document,
and the Ombudsman is not satisfied, by evidence on affidavit or otherwise
that the document is an exempt document, he may require the document
to be produced for inspection by him only and if, upon the inspection, he
is satisfied that the document is an exempt document, he shall return the
document to the person by whom it was produced without permitting any
other person to have access to the document or disclosing the contents of
the document to any other person.

(2) The Ombudsman may require the production, for inspection by him
only, of an exempt document for the purposes of determining whether it is
practicable for a Ministry or prescribed authority to grant access to a copy
of the document with such deletions as to make the copy not an exempt
document and, where an exempt document is produced by reason of such
a requirement, he shall return the document to the person by whom it
was produced without permitting any other person to have access to the
document, or disclosing the contents of the document to any other person.

(3) Notwithstanding subsections (1) and (2) but subject to subsection

(4) of this section, the Ombudsman is not empowered in any proceedings
to require the production of a document in respect of which there is in
force a certificate under section 22 or 23 of this Act.

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(4) Where a certificate of a kind referred to in subsection (3) of this
section, identifies a part or parts of the document concerned in the manner
provided in section 22 (3) or 23 (3) of this Act, subsection (3) of this
section does not prevent the Ombudsman from requiring the production,
in proceedings before him under this Act in relation to the document, of
a copy of so much of the document as is not included in the part or parts
so identified.

41. In proceedings before the Ombudsman under this Part, evidence of Evidence of cer-
tificates.
a certificate under section 22 or 23 of this Act, including evidence of the
identity or nature of the document to which the certificate relates, may be
given by affidavit or otherwise and such evidence is admissible without
production of the certificate or of the document to which it relates.

42. For the purposes of performing his functions under this Act, the Powers of Om-
budsman in relation
Ombudsman shall have the same powers as a Magistrate in respect of the to witnesses, etc.
attendance and examination of witnesses.

43. Any party dissatisfied with a decision of the Ombudsman under Appeal against Om-
budsman’s Decision.
this Act may appeal to the Supreme Court, and in every such case the
provisions of Part IX of the Supreme Court of Judicature Act, Cap.91
and the rules made thereunder shall mutatis mutandis apply.

PART VI

Miscellaneous

44.—(1) Where access has been given to a document and, Protection against
action for defama-
tion or breach of
(a) the access was required by this Act to be given; or confidence.

(b) the access was authorized by a Minister, or by an

officer having authority, in accordance with section
20 or 36 of this Act, to make decisions in respect of
requests, in the bona fide belief that the access was
required by this Act to be given,

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no action for defamation or breach of confidence lies by reason of
the authorizing or giving of the access, against the Government or a
prescribed authority or against the Minister or officer who authorised the
access or any person who gave the access.

(2) The giving of access to a document (including an exempt document)

in consequence of a request shall not be taken, for the purposes of the
law relating to defamation or breach of confidence, to constitute an
authorization or approval of the publication of the document or of its
contents by the person to whom the access was given.

Protection in re- 45. Where access has been given to a document and,
spect of offences.
(a) the access was required by this Act to be given; or

(b) the access was authorised by a Minister or by an

officer having authority, in accordance with section
20 or 36 of this Act, to make decisions in respect of
requests, in the bona fide belief that the access was
required by this Act to be given,

neither the person authorising the access nor any person concerned in the
giving of the access is guilty of a criminal offence by reason only of the
authorising or giving of the access.

Reports to Nation- 46.—(1) The Minister administering this Act shall, as soon as practicable
al Assembly.
after the end of each year ending on 31st December, prepare a report on
the operation of this Act during that year and cause a copy of the report
to be laid before each House of the National Assembly.

(2) Each Ministry or prescribed authority shall furnish to the Minister

administering this Act such information as he requires for the purposes
of the preparation of reports under this section and shall comply with any
prescribed requirements concerning the furnishing of that information
and the keeping of records for the purposes of this section.

Regulations. 47.—(1) The Minister may make regulations not inconsistent with this
Act prescribing all matters that by this Act are required or permitted to be

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prescribed, or are necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and in particular, making provision for
or in relation to,

(a) charges for access to documents (including the

provision of copies or transcripts) in accordance with
this Act, including requiring deposits on account of
such charges; and

(b) the officers who may give decisions on behalf of a

Ministry or prescribed authority.

(2) The Ombudsman may, with the approval of the Minister, make
regulations for the better carrying out of his functions under this Act, and,
in particular, in relation to the procedure to be followed for conducting
reviews of the decisions refusing access to documents.

(3) All regulations made under this Act shall be laid before the
National Assembly as soon as may be after the making thereof and shall
be subject to negative resolution.

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